Aster Group Limited (202210579)

REPORT

COMPLAINT 202210579

Aster Group Limited

3 January 2024

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice, or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman, and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

The complaint is about the landlord’s handling of the boiler and thermostat.

Background

The resident occupies a one-bedroom first-floor flat. He has an assured tenancy dated 21 December 2013.
On 7 August 2019 the landlord replaced the boiler at the resident’s property. The landlord completed a risk assessment and method statement and provided information for the gas safety registration certificate. The new boiler was commissioned, and an installation checklist was completed. It recorded that there were no issues and was signed off by the attending engineer.
The landlord carried out its annual gas safety inspections on 8 June 2020 and 4 June 2021. On each occasion, it recorded no issues with the operation of the boiler and completed a gas safety record.
The resident contacted the Gas Safe Register directly, as he had concerns about the boiler. An inspector and an engineer from Gas Safe Register attended the property on 9 September 2021. The landlord was not invited to the visit at the customer’s request.
An inspection of the boiler and associated pipework was carried out and the following three ‘defects’ were recorded:
1. notification to the relevant Building Control Authority that a heat production appliance had been installed, had not been completed.
2. the external 32mm diameter condensation pipe was found to be terminating 5mm above the drain cover, which is not in accordance with BS 6798:2014.
3. there was flux residue on the new gas installation pipework, which is not in accordance with BS 6891:2015 +A1 2019 specification. It should have been wiped off when the joint was cooled at installation.
The inspector issued a report of the defects to the landlord and advised it that work to complete the defects must be completed by 7 October 2021. The landlord confirmed the defects were completed on 6 October 2021.
On 10 October 2021 the landlord completed its annual gas safety check. It recorded no issues identified.
The resident complained on 18 October 2021. He said that:
1. he had been lied to by the heating team.
2. the boiler was not fit for purpose.
3. the thermostat did not work properly.
4. it takes over 65 seconds for the hot water to come through to the kitchen tap.
5. this was costing money as he is on a water meter.
6. numerous repairs had been done to the boiler and new pipes fitted but the issues were not resolved.
7. the landlord had not met the Buildings Regulations.
The landlord provided its stage 1 complaint response on 2 November 2021. The landlord said:
1. pipework from the boiler to the kitchen is longer than to the bathroom, so it naturally takes longer to warm up.
2. the boiler heats the water when it is turned on and needed. As it is not immediate, it will result in some cold waste running off.
3. this was normal and would be the same with a new boiler.
4. staff are professional, qualified, and experienced in how a gas boiler operates.
5. Gas Safe is a registered body.
6. the three defects found were minor and have been rectified.
7. no further issues or defects found.
8. it was unable to provide the reports as requested as it did not have any accessible to send.
9. the timer was tested by the landlord and Gas Safe Register and found no defects.
The resident remained dissatisfied and escalated his complaint. He said that:
1. the timer overrides the thermostat.
2. his sink would fill up waiting before the water was hot.
3. it was costing him money as he is on a water meter.
4. the boiler still had defects.
5. he wanted copies of the reports that have been done on the boiler.
The landlord provided its stage 2 complaint response on 1 December 2021. The landlord said:
1. it visited the resident on 17 November 2021.
2. it attached a copy of the report dated 21 September 2021 in respect of the minor defects found by the Gas Safe Register.
3. the defects identified were rectified.
4. the boiler should have been registered with building control automatically when the landlord logged the details on the manufacturer’s website. It was not and it apologised.
5. the boiler had now been registered and it included a copy of the building regulations compliance document to the resident.
6. it tested the thermostat in the hallway, and it was reading 22 degrees Celsius, and the set point was at 20 degrees Celsius.
7. it had placed an additional temperature monitor at the same location which registered the same temperatures. It was therefore satisfied it was operating correctly.
8. it offered to relocate the thermostat as it was within touching distance of the radiator in the hallway and the fridge/freezer in the kitchen, which could cause a higher reading.
9. It measured the time taken for the water to run hot in the kitchen as 50 seconds which is acceptable due to the distance from the boiler.
10. it installed a flow restrictor on the hot water pipe to help reduce the volume of water passing through the pipe until it is hot.
11. The boiler has a pre-heat function, so water is stored at a constant temperature. However, this had been switched off. The resident said he did not want this feature activated.
12. the boiler was in the same position as the previous one.
The resident remained dissatisfied and brought his complaint to this service. He said the thermostat did not read the temperature of his home and that it takes over 1 minute and 15 seconds for the water to run hot from the kitchen tap. He believes the boiler does not meet building regulations and that the gas safety certificates are not legitimate.

Assessment and findings

The resident’s concerns that the boiler does not meet building regulations

The landlord’s gas, oil & solid fuel servicing procedure states that the landlord is required to maintain in a safe condition any relevant gas fitting, and any flue which serves any relevant gas fitting.
Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 requires a landlord to amongst other things, ensure that:
1. the appliance and flue are checked not before 9 months and not after 12 months of being installed or last inspected.
2. checks are carried out by members of the Gas Safe Register.
3. certificates are kept giving details of appliances or flues checked.
The evidence confirms that the installation of the boiler in August 2019 was carried out by a Gas Safe registered business and that itwas completed following the Gas Safe (installation and Use) Regulations 1998 and rules of registration. It was also self-certified by the registered business as being compliant with sections 4 and 7 of the Building Regulations. The landlord was entitled to rely on the expert listed on the Gas Safe register.
The associated paperwork completed at the time of the installation is signed and dated and includes the make and model of the boiler. The gas safety record was also completed, and no issues were identified. The paperwork confirms that the boiler was fully operational and under the manufacturer’s instructions. As such, there is no evidence to suggest that the boiler did not meet building regulations.
The Gas Safe inspector visit requested by the resident on 9 September 2021 identified 3 defects as explained in paragraph 6 of this report. These were rectified by the landlord as instructed and within the time permitted, this is acceptable.
The report explained the defect classifications. It said:
1. Gas Safe may identify appliances/installation issues that are regarded as not to current standards (NCS).
2. it uses the NCS classification to identify an aspect of an appliance/installation which does not meet current standards but that is not considered ‘unsafe’ at the point of identification.
This explains that whilst it found the above defects, they were not considered unsafe, or affect the operational use of the boiler. The report also confirms that the boiler was left switched on and operational after the inspection was completed.
The resident has raised concerns about the legitimacy of the landlords’ gas safety records. The landlord has provided the records to the resident. These records confirm the contractor was gas-safe registered and licenced to complete the annual safety checks. The reports include the name of the engineer, the certificate number, and the identification number of the engineer. It confirms it is in accordance with the Gas Safety (Installation and Use) Regulations. As such, the Ombudsman is not able to say the documents are not legitimate.

The resident’s concerns that the thermostat does not work effectively

The evidence confirms that the new boiler was fitted on 8 August 2019. The resident raised concerns about the thermostat. The landlord fitted a new thermostat on 3 September 2019. The evidence does not show if this was due to there being an issue with the thermostat or to support a resolution.
During the visit by the Gas Safe Register on 9 September 2021, the resident told the engineer/inspector that since the installation of the new boiler, there have been issues with the performance of the hot water and the operation of the central heating system. The engineer carried out a range of operational checks on the installation and the appliance including the following:
1. a gas meter installation and associated gas pipework – no defects identified, and supply was left turned on as found.
2. a satisfactory safe-to-touch test.
3. an inspection of the appliance and associated pipework including a flue integrity check – satisfactory readings were achieved.
4. an earth loop impedance test in the hall and at the electrical connections – all readings were satisfactory.
5. an electrical polarity test conducted at the wiring connections which was satisfactory.
Other than the defects in paragraph 6, no other issues were identified, and the boiler was reported as being left operational as found. This would suggest that there were no issues with any part of the central heating system, including the thermostat.
As part of the stage 2 complaint response (see paragraph 12 of this report) the landlord explained the actions it had taken, and the test carried out to respond to the resident’s concerns. In addition, it offered to move the thermostat and explained the pre-heat function on the boiler which was switched off. The resident said that he did not want this facility activated.
In summary, following concerns raised by the resident, an independent inspection was carried out by the Gas Safe Register at the request of the resident. This inspection was carried out by someone qualified and registered to do so. The defects found were explained as not ‘unsafe’ or that they would have any impact on the operation of the central heating system. Following the resident’s complaint, the landlord carried out an investigation and assessment of the concerns raised and explained its finding to the resident, which was reasonable under all the circumstances. A further annual gas safety check has been recorded for 16 December 2022 and again no issues were found. As such, the Ombudsman does not consider there to have been any maladministration by the landlord.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s handling of the boiler and thermostat.